Terms and Conditions

Last Updated: April 6, 2011

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. IT ALSO CONTAINS A DISPUTE RESOLUTION CLAUSE.

ACCEPTANCE OF THESE TERMS OF USE
www.MonkeySee.com (the “Site”) and the videos contained within our video player on the Site (the “Videos”) are brought to you by Knowlera Media, LLC (“we” or “us”). By using the Site, whether as a video contributor, commentor, viewer, linker or otherwise, you fully and unconditionally agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Site. We may revise these Terms and Conditions at any time by updating this page. By using the Site, you agree to be bound by any such changes.

LIMITATIONS ON USE

  • You must be at least thirteen (13) years old to use the Site.
  • If you are a convicted sexual predator: You may not use the Site.
  • If you reside outside the United States: We make no representations that the Site is appropriate or available for use in locations outside of the U.S. If you access the Site from outside of the U.S., you do so voluntarily and at your own risk, and you are responsible for compliance with applicable law.

YOUR ACCOUNT INFORMATION
If you want to access some of the features on this Site, such as comment on a Video, you must register as a Site user. If you register, you will set up an account by selecting a user name and password (together, “Account Information”). Once you select a user name, you cannot change it. You shall not select or use a user name of another person with the intent to impersonate that person or create and use a user name that is otherwise offensive, vulgar or obscene. If you fail to sign into the Site using your Account Information for a period of one year, we reserve the right to deactivate your account, without notice or liability to you. After such deactivation, if you want to comment on a Video, you will have to create a new account. Limit: one (1) active account per person. We reserve the right to refuse registration of, or cancel an account in our sole discretion. We reserve the right to deactivate multiple accounts established by the same person. It is your responsibility to maintain the confidentiality of your Account Information, and you are responsible for all use of the Site accessed through it. You agree to immediately notify us of any unauthorized use of your account or Account Information or any other actual or suspected breach of Site security.

PRIVACY
Any information that you submit to us or that we collect through the Site is subject to our Privacy Policy, the terms of which are incorporated into these Terms and Conditions.

YOUR USE OF THE SITE
Requirements of All Site Users

  • You agree that your use of the Site will fully comply with all applicable laws, rules and regulations and these Terms and Conditions. The following requirements and other provisions of these Terms and Conditions shall not limit the generality of this requirement.
  • You will not impersonate any other person while using the Site.
  • You will not harvest or otherwise collect information about other Site users, including email addresses, without their consent.
  • You will treat other Site users with respect.
  • You will not upload, post, email or otherwise transmit any comment, communication or other material (collectively, “Content”) to the Site (including directly to us, for us to post) that:
    • Unless you have our written permission, contains commercial content or content that is otherwise not editorially neutral;
    • Unless you have our written permission, promotes or endorses any company or person, any commercial product or service, or any charitable cause;
    • Infringes on the intellectual property rights or other rights of any person or entity;
    • Contains, depicts or promotes illegal content, materials or activities;
    • Is invasive of or violates any person's privacy or publicity rights;
    • Breaches any duty of confidentiality that you owe to anyone;
    • Is harassing, libelous, defamatory, abusive, threatening, harmful, pornographic, obscene or is otherwise tortious, offensive or objectionable (in our sole judgment) or which may give rise to liability or violate any law;
    • Encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate a law, or result in bodily harm or property damage;
    • Contains, downloads or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, interrupting, destroying or limiting the functionality of any computer software or hardware or telecommunications equipment associated with the Site or the computers or other property of any other users;
    • Refers to a URL of a website that competes with our Site or that contains, depicts or promotes illegal content, materials or activities;
    • Requests personally identifiable information; or
    • Contains spam, chain letters, pyramid schemes or banner exchange services.
  • You understand that we do not review any Content on our Site, and we therefore do not make any representation or warranty with respect to any: (a) Content; (b) advice, guidance, products or services presented or included in a Video or other Content; or (c) Video creator or expert. The Site and the Content are offered AS IS. You use the Site and any Content at your own risk. Without limitation, this means:
    • Some Videos may depict dangerous or destructive activities that should not be attempted without appropriate training, equipment and supervision.
    • All Content is for general informational purposes only. It should not be considered complete or intended to be relied upon to offer a solution to a specific situation or as a substitute for the advice of a qualified professional.
    • Do not rely on any financial, medical, legal or other professional advice contained in any Content. Consult your own financial, medical, legal or other professional for advice specific to your situation. You are solely responsible for any investment, financial, medical or other decisions, omissions or actions you take.
    • Despite the requirements of these Terms and Conditions, Site users may post Content that violates them. We assume no responsibility or liability for such Content. If you become aware of misuse of the Site by any person, please click the link on the Content to flag it as inappropriate.
    • Please see “Disclaimer of Warranties”, and “Limitation of Liability”, below, for more information about our responsibilities.
  • You may embed a Video from this Site, by using our video player or the video widgets found on this Site to your own personal or commercial website, provided that:
    • The website to which you embed the Video:
      • Is not primarily in the business of displaying or offering do-it-yourself videos, information, materials or advice or is otherwise viewed as a competitor of the Site, as determined in our sole discretion; and
      • Does not contain, depict or promote offensive or illegal material or activities;
      • Does not disparage or reflect negatively upon the Site or any site Content or any third party appearing in a video;
      • Does no infringe on the intellectual property rights or other rights of any person or entity;
      • Is not harassing, libelous, defamatory, abusive, threatening, harmful, pornographic, obscene, or is otherwise tortuous, offensive or objectionable (in our sole judgment) or which may give rise to liability or violate any law, including laws regulating advertising and marketing practices; and
      • Does not contain, download or install viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, interrupting, destroying or limiting the functionality of any computer software, hardware or telecommunications equipment.
    • You do not change or delete any proprietary notices from the embeded Video, including, without limitation, the MonkeySee.com watermark, bumper and trailer;
    • You do not alter, modify, build upon or block the video player, the Video or its functionality in any way including but not limited to the playback of advertising through the embeddable player;
    • The Video is displayed for informational purposes only, and not for any commercial purpose, unless the Video was originally submitted to the Site by you. and
    • You agree that we reserve the right to require you to discontinue your use of our videos on your website at any time. In such event you agree to immediately remove our video player and videos from your website.
  • You will comply with all applicable rules of any Site contest or promotion.

In some instances we may share the advertising revenue generated from videos that have been embedded on a third party website with such third party provided that the third party has been approved by us in writing and has entered into a separate video license agreement with us. You acknowledge that you are not entitled to any payments, revenue share or other form of compensation from us. Please note that we will be able to track the website(s) to which you embed any Video. Please also be aware that we make no warranties with respect to the Video, its software or content, as described below in “Disclaimer of Warranties” and “Limitation of Liability.

Additional Requirements of Users Who Submit Videos to the Site

License: We no longer accept videos from third parties on our Site. For those Users who submitted a video to this Site in the past, unless you have a separate written agreement with us, as the original creator of a Video, you retain ownership of it. By submitting a Video (including if you submit the Video to us to post to the Site), you agree to grant to us and our agents a non-exclusive, worldwide, royalty-free, sub-licensable and transferable license in perpetuity to use, reproduce, edit, adapt, distribute, publish, perform, broadcast, modify, translate, create derivative works from and/or otherwise exploit the Video, together with your name, biographical information, blog and any other information that you submit to us, in any manner, in any and all media (whether now known or later developed), without limitation and without compensation to you. We own all right, title and interest in any compilation, collective work or other derivative work created by us using or incorporating Content posted to the Site. You also grant each user of the Site a non-exclusive license to access your Video and to use, reproduce, distribute, display and perform such Video, together with your name, biographical information and blog, as permitted through the functionality of the Site and in accordance with these Terms and Conditions. You acknowledge receiving adequate consideration from us in exchange for the license granted in these Terms and Conditions. If you do not agree to grant us the rights set out above, please do not submit a Video to us.

  • You agree that nothing in these Terms and Conditions will constitute an employment, joint venture or partnership relationship between you and us. In no way are you to be construed as our agent in any respect.
  • You will not instigate, support, maintain or authorize any action, claim or lawsuit against us, or any other person, on the grounds that any use of your Video, or any derivative works, infringe any of your rights as creator of the Video, including, without limitation, trademark rights, copyrights and moral rights.
  • You warrant that:
    • You and/or the expert(s) featured in your Video, as applicable, possess sufficient experience and qualifications to provide the guidance or advice contained in your Video;
    • Any demonstration or advice contained in your Video is, in all material respects, accurate and not misleading;
    • Your Video is your own original work and you have obtained releases, clearances and permissions from all third parties appearing in such Video, or the Video owner has given you permission to submit it to the Site; and
    • You have full power and authority to grant us the license described above, and your granting of the license, and our exercise of it, will not violate any third-party rights, including, without limitation, intellectual property rights and rights of privacy and publicity.

OUR RIGHT TO BLOCK CONTENT
We do not and cannot review all Content, which includes, without limitation, Videos, and we are not responsible for it. You acknowledge that, by providing you with the ability to view and distribute user-generated Content, we are acting only as a passive conduit for such distribution, and we are not undertaking any obligation or liability relating to any such Content. However, we reserve the right, in our sole discretion, to block or remove any Content that we determine to be: (a) abusive, defamatory or obscene; (b) fraudulent, deceptive or misleading; (c) in violation of a copyright, trademark or other intellectual property or other right of any person; (d) offensive or otherwise unacceptable to us; and/or (e) otherwise in violation of these Terms and Conditions. In such a case, if you submitted the objectionable Content, we may, in our discretion, terminate your account, take legal action against you and/or, if applicable, notify the appropriate authorities or parties, all without prior notice or liability to you. CONTENT SUBMITTED USING YOUR ACCOUNT AND ANY INFORMATION YOU HAVE PROVIDED TO US OR THAT WE HAVE ABOUT YOU ARE SUBJECT TO EXAMINATION BY LAW ENFORCEMENT OFFICIALS OR OTHERS WITHOUT YOUR CONSENT, UPON PRESENTATION TO YOU OR US OF A SEARCH WARRANT, SUBPOENA OR OTHER LEGAL PROCESS. Unless required by law, you have no right to be notified by us of any such disclosure. you agree to HOLD US HARMLESS FROM and against, and waive (to the extent permitted by applicable law) any claims you may have against US resulting from OUR disclosure, investigation or act or omission in the course of conducting or cooperating with an investigation OR LEGAL PROCESS as set forth in this section.

LINKING TO OUR SITE

  • You may link to the Site provided that you comply with these Terms of Use.
  • You may link to any page on the Site. However, because the Site may be updated from time to time, you are responsible for ensuring that the link remains accurate and active. Accordingly, you must monitor your link and modify it if the link breaks or if the content is removed or changed.
  • When our content is served via the link on your website, the location bar must display only the URL of the appropriate Site page.
  • You may not “frame” the Site’s content or use any other method that causes the content to appear to be part of your website or any site or service other than the Site without our prior written permission.
  • You may not link to the Site from any website or page containing material that:
    • Is primarily in the business of displaying or offering do-it-yourself videos, information, materials or advice or is otherwise viewed as a competitor of the Site, as determined in our sole discretion;
    • Disparages or reflects negatively upon the Site or any Site content or contributor;
    • Infringes on the intellectual property rights or other rights of any person or entity;
    • Contains, depicts or promotes illegal content, materials or activities;
    • Is invasive of or violates any person’s privacy or publicity rights;
    • Is harassing, libelous, defamatory, abusive, threatening, harmful, pornographic, obscene or is otherwise tortious, offensive or objectionable (in our sole judgment) or which may give rise to liability or violate any law, including, without limitation, laws regulating advertising and marketing practices;
    • Encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate a law, or result in bodily harm or property damage; or
    • Contains, downloads or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, interrupting, destroying or limiting the functionality of any computer software or hardware or telecommunications equipment.
    • We reserve the right to require you to discontinue your link to the Site at any time. In such event, you must immediately remove the Logo(s) and link(s) from your website.
  • Nothing herein grants any right, title or interest in or to our website or any of our intellectual property.

USE OF INFORMATION SUBMITTED
You agree that we are free to use any comments, information or ideas contained in any Content (except for Videos) that you submit to us or the Site, without notice, compensation or acknowledgement to you, for any purpose whatsoever, including but not limited to modifying the Site and developing and marketing products and services.

COPYRIGHT
The entire content of the Site, including but not limited to text, graphics and code, but excluding individual Videos in which we do not own the copyright, is our property. Copyright 2011, Knowlera Media, LLC. ALL RIGHTS RESERVED. We grant you permission to electronically copy and print hard copy portions of the Site solely for your own personal, non-commercial use, provided that you do not change or delete any proprietary notices from downloaded or printed materials. You may also embed Videos, solely as described above under “Your Use of the Site.” Any other use of the Site and/or its content (whether user-submitted or not) is strictly prohibited, unless authorized by us in writing.

CLAIMS OF COPYRIGHT INFRINGEMENT
We respect the intellectual property rights of others. If you believe that your work has been used on the Site in a way that constitutes infringement, please send written notice to us at the following address:

Knowlera Media
774-B Walker Road, Suite H
Great Falls, VA 22066
Attention: Legal Department
Or: copyright@monkeysee.com

Your notice must contain the following:

  • Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of your work.
  • Identification of the material that you believe to be infringing and its location.
  • Your name, address, telephone number and email address.
  • A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent or the law.
  • A statement that the information you have supplied is accurate and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner's behalf.
  • A signature or the electronic equivalent from the copyright owner or authorized representative.

TRADEMARKS
All of our trademarks, service marks and trade names used on the Site, including, without limitation, MonkeySee and the MonkeySee logo, are trademarks or registered trademarks of Knowlera Media, LLC in the U.S. and/or other countries. Except as otherwise permitted by these Terms and Conditions, they may not be used without our prior express written permission. All other trademarks that appear on the Site are the property of their respective owners, who may or may not be affiliated with or sponsor or endorse us (and who may or may not be endorsed by us).

DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, YOUR LINKING TO THE SITE OR YOUR EMBEDDING OF OUR VIDEOS ON YOUR WEBSITE, SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS PRESENT THE SITE “AS IS” AND DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, IN CONNECTION WITH THE SITE AND YOUR USE OF IT. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF SITES LINKED TO THE SITE, AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (A) ERRORS OR INACCURACIES OF SITE CONTENT; (B) SITE USERS' FAILURE TO COMPLY WITH THESE TERMS OF USE; (C) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE SITE; (D) UNAUTHORIZED ACCESS TO OR USE OF OUR SITE OR SERVERS; (E) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (F) VIRUSES, WORMS, BUGS, TROJAN HORSES OR OTHER CODE, FILES OR PROGRAMS TRANSMITTED BY THIRD PARTIES TO INTERRUPT, DESTROY OR LIMIT THE SITE'S FUNCTIONALITY; AND/OR (G) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR ANY SITE CONTENT. WE DO NOT ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY WEBSITE OR ADVERTISEMENT LINKED TO THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, OUT OF ANY: (A) ERRORS OR INACCURACIES OF SITE CONTENT; (B) SITE USERS' FAILURE TO COMPLY WITH THESE TERMS OF USE; (C) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE SITE; (D) UNAUTHORIZED ACCESS TO OR USE OF OUR SITE OR SERVERS; (E) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (F) VIRUSES, WORMS, BUGS, TROJAN HORSES OR OTHER CODE, FILES OR PROGRAMS TRANSMITTED BY THIRD PARTIES TO INTERRUPT, DESTROY OR LIMIT THE SITE'S FUNCTIONALITY; AND/OR (G) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR ANY SITE CONTENT, ON ANY THEORY OF LIABILITY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so some of the above limitations may not apply to you, in which case our liability shall be limited to the maximum extent permitted by applicable law.

THIRD-PARTY CLAIMS/INDEMNIFICATION
You agree that you are responsible for your behavior in connection with the Site. If you provide a link to the Site from your website, you further agree that you are responsible for the content and functionality of your own website. We shall not be liable for claims made against you or us arising out of your use of the Site or relating to your website (if you provide a link to the Site from it), and you hereby agree to indemnify and hold us, our related companies, officers, directors, employees and agents harmless from and against any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising, directly or indirectly, in whole or in part, out of your use of the Site, the use of the Site by any other person who accesses it using your Account Information, your Content, your own website or your violation of these Terms and Conditions.

GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to conflicts of laws rules.

BINDING ARBITRATION
ANY CLAIM OR DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE SITE OR THESE TERMS OF USE SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION, except that either party may seek interim relief from any state or federal court in the party's state of residence to protect the party's intellectual property rights. ARBITRATION WOULD REMOVE YOUR RIGHT TO LITIGATE A CLAIM IN COURT OR TO HAVE A JURY TRIAL ON THAT CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. IT IS IMPORTANT THAT YOU READ THIS PROVISION CAREFULLY BEFORE ACCEPTING THESE TERMS OF USE. Arbitration shall be conducted by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules (including, without limitation, the Supplementary Procedures for Consumer-Related Disputes, if applicable). You may obtain a copy of these procedures at www.adr.org or by calling 1-800-778-7879. In the event of any inconsistency between the AAA rules or procedures and these Terms and Conditions, these Terms and Conditions shall control. Any participatory arbitration hearing that you attend shall take place in the federal judicial district of your residence. The judgment upon the award rendered by the arbitrator shall be final and binding and may be entered in any court having jurisdiction. The arbitrator will decide whether you or we will ultimately be responsible for paying any fees in connection with the arbitration. Unless inconsistent with applicable law, each party shall bear the expense of their respective attorneys', experts' and witness fees, regardless of which party prevails in the arbitration. No arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitrations or otherwise. Information may be obtained and claims may be filed with the AAA at www.adr.org or 1633 Broadway, 10th Floor, New York, NY 10019.

ELECTRONIC NOTICES
By using the Site, you agree to receive electronic communications from us. You agree that any notice or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

THIRD-PARTY ADVERTISING & LINKS
The Site may include third-party advertising, as well as links to sites operated by third parties, including, without limitation, Video creators. We have no control over these linked sites, all of which have their own terms of use and data collection practices. These linked sites are provided for your convenience only, and you access them at your own risk.

U.S. EXPORT CONTROLS
Any software available on the Site is subject to U.S. export controls. No software may be downloaded from the Site or otherwise exported or re-exported in violation of U.S. export laws.

TERMINATION
We reserve the right in our sole discretion to terminate or restrict your use of the Site, without notice, for any or no reason, and without liability to you or any third party. We also reserve the right to discontinue any part of the Site at any time.

GENERAL
If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such provision. Our failure to enforce any provision of these Terms and Conditions shall not constitute a waiver of that or any other provision. These Terms and Conditions set forth the entire understanding and agreement between you and us regarding your use of the Site.

CONTACT US
If you have any questions about these Terms and Conditions, please contact us at questions@monkeysee.com.

Knowlera Media, LLC
774-B Walker Road, Suite H
Great Falls, VA 22066